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2018 Supreme(HP) 1940

VIVEK SINGH THAKUR
Rahul Sood – Appellant
Versus
Urvashi Sood – Respondent


Advocates Appeared:
Dibender Ghosh, Adv., Ajay Chandel, Adv.

JUDGMENT

Vivek Singh Thakur, J. - These petitions arising out of common judgment dated 04.03.2017, passed by learned Additional Sessions Judge, Kullu, H.P. in Criminal Appeals No. 34 and 35 of 2016, are being decided by this judgment together, as the common question of law and facts based on the identical evidence on record, is involved therein.

2. Brief facts of the case are that petitioner and respondent No. 1 were married on 08th July, 2007, whereafter they were blessed with a female baby on 26th November, 2009. However, prior to the birth of the baby, as claimed by respondent No. 1, she was ousted from the matrimonial house during her pregnancy in the midnight hours and after birth of female child, she was not allowed to cohabit in her matrimonial house. Though, the matter was tried to be settled through Himachal Pradesh Mahila Kalyan Mandal, however, petitioner had shown reluctance to attend the counseling and on 3rd June, 2010, filed a petition for judicial separation before learned District Judge, Kullu.

3. Respondent No. 1 had also preferred complaint No. 208-i/2010, under Section 12 of the Protection of Women from Domestic Violence Act, 2005 (hereinafter referred to as ''th

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